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Implied Consent

Attorney Greg Tsioros

Mandatory DWI Test Attorney in Houston: Brazoria, Ft. Bend, Galveston, Harris & Montgomery Counties

If you’ve ever been pulled over for driving while intoxicated, you’re probably already familiar with the Texas testing for alcohol consumption law. Every licensed driver has agreed to take a blood alcohol content (BAC) test if there is probable cause to believe that they have exceeded the legal blood alcohol level of .08 percent.

Houston Sobriety Tests

Testing for alcohol consumption is an important part of the ongoing effort to keep drunk drivers off the road in the state of Texas. Under the mandatory DWI test law, a driver can be required to submit to a BAC. The driver can still be arrested if they refuse to submit to a blood or breath test.

Even though a driver submits to a DWI test, they still have the right to request an additional test from a preferred medical provider within two hours of the DWI arrest. Alleged offenders do not have the right to speak with an attorney before agreeing to take a BAC test. The no DWI refusal test law also applies to watercraft operators.

An increasing number of Texas law enforcement agencies are implementing no refusal programs. No refusal periods are most common on holidays and weekends. Although Texas law enforcement officials always have the ability to obtain a warrant for drivers that resist testing, the required timelines aren’t always easy to meet. No refusal periods feature streamlined procedures for obtaining a warrant and evidence.

Refusal to Take BAC Test Penalties

The arresting officer is obligated to notify the alleged offender in writing of the following consequences if they refuse to take a BAC test:

  • Refusing to submit to a DWI test can be used in court to obtain a conviction
  • The driver’s license will be suspended for 180 days

In Houston, the driver will be asked to sign a document indicating that he understands the potential consequences. The officer will then take possession of his license and give him a 41 day permit.

Implied Consent Lawyer

A successful DWI defense requires a thorough understanding of applicable laws in Texas. It’s important to realize that the prosecutor must prove that an alleged offender committed the crime beyond a reasonable doubt.

If you are facing DUI or DWI accusations, there is hope. The best thing you can do is consult with an experienced lawyer who knows the best drinking and driving defenses. Let Greg Tsioros give you a free legal consultation session by calling (832) 752-5972.